Who is eligible to apply for a review of a breach of the Code of Conduct and/or sanction decision?

All current and some former non-SES employees of the Australian Public Service (APS) are eligible to apply.

If you are a current employee you can apply for review of:

  • a finding that you have breached the Code of Conduct
  • any sanction imposed.

If you are a former employee you can apply for review of:

  • a finding that you have breached the Code of Conduct, where that finding was made after you left APS employment.

There is no right of review of a sanction because it is not possible to impose sanctions on former employees.

If your employment was terminated as a sanction for breaching the Code of Conduct, you can take your case to the Fair Work Commission.

The Merit Protection Commissioner cannot review cases where the sanction is termination of employment.

Employees of the Parliamentary Service have a similar review scheme.